AFTERNOON INFORMAL PLENARY

The Chair opened the afternoon informal session with an
announcement that the programme of work will be changed and that
the working groups will be scheduled as informal meetings of the
Plenary. This agreement was acceptable to all delegates and the
Chair then called for comments on Section III that deals with the
actual measures to be taken by the regional fisheries management
organizations or arrangements.

With reference to paragraph 18(d) on the collection of statistical
data, a delegate said that measures should apply both on the high
seas and within EEZs. Since some still have reservations on Annex
1, it was felt that the reference to it at this point was
inappropriate. The representative of a developing State highlighted
the fact that failures to fulfill the required commitments are not
addressed. The different capabilities of developing States should
also be taken into consideration. One representative argued that
States can undertake to do their best, but there is no absolute
guarantee in the field. It was also suggested that scientific
committees be set up to help in that matter. The text should also
explain whether the measures apply to straddling stocks, highly
migratory stocks, or both.

There was heated debate on whether new entrants should be
"deterred" or "discouraged" from undermining the effectiveness of
the measures, as mentioned in paragraph 18(i). The provision on
quotas and limitations on fishing efforts in paragraph 18(a) should
be qualified with the phrase "as appropriate". A delegate insisted
that the word "timely" should be added to the provision on the
settlement of disputes, since this has been a problem in
already-existing organizations. The question of whether these
procedures should be binding is still in dispute.

Paragraph 19 on semi-enclosed and enclosed seas refers to the
relevant provisions of UNCLOS and a delegate expressed his concern
since UNCLOS has not yet come into force. Another State answered
that the deletion here would be impossible or would need to be
carried out everywhere in the text. It was also argued that coastal
States should establish total allowable catches (TAC). A reference
was made to the alternative draft in L.11/Rev.1.

Paragraph 21 calls for the participation of intergovernmental and
non-governmental organizations, and some felt that their
participation should be left to the discretion of the regional
organizations themselves. Minimum standards could be set up for the
acceptance of these organizations. Another delegate was of the view
that these provisions should be strengthened, and that the word
"should" be replaced with "shall".

A delegate denounced strongly the attempts by distant water fishing
States to undermine the content of the text. He reminded the
delegates that the situation is dramatic and that it can not be
allowed to continue. NGO representatives highlighted the plight of
traditional fishers and called for their special interests to be
taken into consideration. They also insisted that an ecosystems
approach needs to be respected.